Should I sign a medical release form?

[mls76]

What is the name of your state (only U.S. law)? Arizona

Hi, I was injured at a resort here in AZ. It is very hard to describe what happened. But in short, the walkway on the 2nd floor of our builing has like a covering on it, not carpet, but just like weathering or something. It is in several long pieces and where they meet each other it is nalied down. Well walking out of my room this morning and down the hall my foot went under a piece that was raised up and it stuck and I twisted and I fell pretty hard to the ground, twisting my knee pretty bad, as my foot remained under the piece that was ripped. My knee is bad also my wrist is pretty sore from trying to brace my fall. My husband took photos immediately and then reported it to the front desk. The man at the front desk said he knew about it a week ago and had placed a red rug over it so people wouldn't walk on it. Somehow the red rug was not in place, you can see from the photos that it was maybe 2 or 3 inches away. My husband called them and now they are saying things like they don't know how I could have fallen and that the rug was covering it. Sort of implying maybe I moved the rug. I am just thinking, why would I move the rug I had no idea why it was even there until they told me AFTER I fell. It was amazing the manager was being very nice until my husband called later in the afternoon telling him that he was taking me to the ER. So I am sort of scared here and can't afford to pay too much out of pocket and not be reimbursed.

I realize it is up to some people to realize when things are broken, like if I walked into a huge pothole that was clearly visible then that is pretty stupid on my part. This was impossible to notice when walking down the hall.

The manager said it had been like that for a week and that they "check it" each morning and it was fine before I fell. I don't believe that one bit to be honest.

I am just looking for some opinions. My best friend said not to sign anything. She said they will send me a medical release form and not to sign it. Is that good advice. I am not planning on getting an attorney at this point but if there is something major wrong with my knee then I may.

Oh and one other thing, the manager of the resort is insisting to my husband to take me to an urgent care, we called one and they said that for the injury I have I would more than likely have to go to a hospital anyway. My husband took down the phone number and the ladies name who told us that as well.

Thank you in advance for any advice.

[xylene]

You have suffered a serious personal injury as a result of another's negligence.

You would be a fool to not consult a lawyer IMMEDIATELY.

[ecmst12]

The negligence may be hard to prove but it was certainly on their property and there is definitely some liability. If you want to make a claim, you will have to turn over your medical records at some point, but you haven't even gotten near that point yet. Find out what is wrong with you first. If it's a simple bruise/strain, then it probably won't be worth going to a lawyer as you won't be able to get much more then your medical bills covered. If it's something more serious, then you should talk to a lawyer.

Since this is a resort I'll assume you're far from home and can't go to your regular doctor. Going to an urgent care isn't going to hurt you, and you'll wait a hell of a lot less time then in an ER. Your condition isn't life threatening, you just need some x-rays.

[mls76]

Actually the resort was only 30 miles from home. We just took a night to get away from the kids and have a date night. I just returned from the hospital and luckily it is just a sprained knee. The doctor but a brace on my knee and crutches and told me anywhere from 4-6 weeks should be healed. He said if it is not improving at all in the next 5 days to see a specialist he recommended. The thing is right now I can put absolutely NO pressure on my knee. I am going to miss work because of this. Unfortunately my job involves a lot of driving, lifting and walking, with a lot of stairs as well. My employer told me as long as I get a doctor note they will hold my job for me. If I miss say 6 weeks, assuming this isn't better before then, will I be reimbursed the $500 a week I make? Sorry to seem unknowledgeable here it is just I have never been through anything like this. I realize a sprain is not a big deal but it is when you miss work, etc. My husband is going to have to more than likely take some time off now to help with our 4 kids until I can at least be able to move around better (our youngest is 18 months so she needs more attention than our older 3.)

I read the previous comments and one told me to get a lawyer. The other said don't expect anyhting covered but your medical bills. I understand not to get hopes up about suing for a billion dollars, but does anyone have ANY positive news on recouping any wages, etc.

Thank you again in advance for your responses and help.

[ecmst12]

Lost wages are considered actual objective damages, so you should be able to recover them. And if you qualify for FMLA, your employer MUST hold your job for 12 weeks. If it is just a strain, and it heals completely in a few weeks, then you can ask for a small amount for 'pain and suffering', but with no serious or permanent injury, it won't be a ton. If over time it doesn't get better and you find out you have a tear or something, at that point you should talk to a lawyer. That's just my opinion of course, but when a case is small and simple, I don't think it's worth paying legal fees when you can handle it yourself, unless the other party is not making good faith offers.

[mls76]

Ok, I am making an appt today with the doctor the ER referred me to. I can still place little to no pressure on my knee. I am using the brace and crutches but it seems to not be getting much better if at all. The insurance company contacted me, it is Travelers Insurance. He is coming over Thursday to record my statement and have me sign the medical release form. Which I will do. I just do not want to have to get an attorney is all.

All of my friends and relatives are telling me how liable the resort is and how they could have done something to fix it since they admitted knowing about it. I understand that and agree with them. But they are saying sue, and everything like that. I just want to get this done. So I am holding off on a lawyer who would take a huge portion of it anyway. Is there anyone out there that can help me on what to ask for or are there too many factors?

Assuming I miss 6 weeks of work at $500 a week and my med bills are like $2500, obviously that is $5500. I know I am getting ahead of myself, not knowing exactly what is wrong with my knee but assunimg it is just a sprain and not something more serious.

Thank you for your help.

[ecmst12]

You will not be able to make a settlement demand until after your treatment is COMPLETE and you know the full extent of your bills and lost time from work, as well as whether there will be any permanent damage. Period.